| ROBERT K. MONETTE AND SHARON M. MONETTE V CHRISTINA L. TRUMMER, JESSE L. BALL AND JIM BALL PONTIAC-BUICK-GMC, INC. |
| Motion No: NOS. CA 13-00361 AND CA 13-00641 |
| Slip Opinion No: 2013 NY Slip Op 82912(U) |
| Decided on August 16, 2013 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, WHALEN, AND MARTOCHE, JJ.
DOCKET NOS. CA 13-00361 AND CA 13-00641
| ROBERT K. MONETTE AND SHARON M. MONETTE,
PLAINTIFFS-RESPONDENTS, V CHRISTINA L. TRUMMER, JESSE L. BALL, DEFENDANTS, AND JIM BALL PONTIAC-BUICK-GMC, INC.,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on November 16, 2012, and December 5, 2012, and for a stay of the appeals,
Now, upon reading and filing the affirmation of Christopher Turner, Esq., dated July 22, 2013, the notice of motion with proof of service thereof, and the affidavit of Kevin M. Habberfield, Esq., sworn to July 31, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and the appeals are dismissed as moot without prejudice to appellant making a motion to vacate dismissal of the appeals either within one year of this Court's order deciding this motion or within 30 days of any order of the Court of Appeals denying, dismissing, or deciding any appeal sought from this Court's order entered April 26, 2013.
Entered: August 16, 2013
Frances E. Cafarell, Clerk